Malaysia – Court Of Appeal Addresses Passing Off

Month: March 2012

Malaysian law in relation to passing-off has been recently re-considered in extenso by the Court of Appeal in the case of Yong Sze Fun & Anor v Syarikat Zamani Hj Tamin Sdn Bhd & Anor [Civil Appeal No. W-02-367-2006]. One of the questions addressed and is in practice a common query: Does the infringing use […]

A new Patents Order, 2011 has come into force in Brunei Darussalam, effective January 1, 2012. This legislation repeals the previous patent legislation, i.e. The Inventions Act, Chapter 72. Previously, Brunei, a member state of ASEAN, did not have a national patent system. Patent protection was obtained by re-registration of a granted UK, European Patent […]

Registration of designs in Thailand is governed by the Department of Intellectual Property and the Thai Patent Act. There are lacunas in the Act design patents, especially where it proves difficult to draw the line between invention patents and design patents. Section 3 of the Act merely provides that a design is ‘…any configuration of […]

As part of the Malaysian Government’s efforts in beefing up domestic IP Enforcement, the Ministry of Domestic Trade, Cooperative and Consumerism (MDTCC) recently set up a separate database for Trade Mark owners to register themselves with the MTDCC in order to gain priority in the initiation of Enforcement Actions and prosecution of Trade Mark Infringement […]

Of the four pillars of intellectual property protection – patents, industrial designs, trademarks and copyrights – perhaps the most overlooked is that for industrial (ornamental) designs. In most countries, the available design protection is generally very narrow, with a minimal halo of protection around the exact design depicted in the application. Why would an applicant […]